This order grants leave to the complainant to prefer an appeal against the acquittal of the respondent in a cheque dishonour case. The Court notes the respondent's absence and directs registry to number and admit the appeal.
Leave granted to file an appeal; Registry directed to number and post appeal for admission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL OP. 26617 of 2024 in Crl.A.Sr.No.29242 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-12-2024
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN
CRL OP. 26617 of 2024 in Crl.A.Sr.No.29242 of 2024
RANGASAMY
S/O.K.V.KOMARASAMY, AZHAGAR NAGAR, BHAVANI ROAD, ANTHIYUR TALUK, ERODE DISTRICT. ESWARI (DIED)
APPELLANT(S)
Vs
A.NIRMALAROSE W/O.NICHOLUS SAHAYARAJ, 260, NAGALOOR PRIVY, NAGALOOR POST, ANTHIYUR TALUK, ERODE DISTRICT.
RESPONDENT(S)
CRL A SR. 29242 of 2024
ESWARI (DIED)
PETITIONER(S)
Vs
A.NIRMALAROSE
APPELLANT(S)
CRL OP. 26617 of 2024
For Appellant(s):
M/S.D.RAGHU
S.ANANTH S.DHARMADHURAI K.THANGAM K.PONRAJ R.K.GOWTHAM
AFFIDAVIT OF SERVICE FILED
For Respondent(s):
COURT NOTICE - SERVICE AWAITED PVT.NOTICE - SERVED
A.NIRMALAROSE W/O.NICHOLUS SAHAYARAJ, 260, NAGALOOR PRIVY, NAGALOOR POST, ANTHIYUR TALUK, ERODE DISTRICT.
Page 1 of 5
CRL OP. 26617 of 2024 in Crl.A.Sr.No.29242 of 2024
ORDER
Aggrieved by the acquittal of the respondent for the offences punishable under Section 138 of Negotiable Instruments Act, the petitioner/complainant has filed the present petition seeking leave to file an appeal.
same was served on 21.11.2024. Though, the name of the respondent is https://www.mhc.tn.gov.in/judis
Page 2 of 5
CRL OP. 26617 of 2024 in Crl.A.Sr.No.29242 of 2024
printed in today's cause list, none has entered appearance for the respondent.
Court and hence, leave is granted to file an appeal.
if it is otherwise in order.
10.12.2024
ars
Page 3 of 5
CRL OP. 26617 of 2024 in Crl.A.Sr.No.29242 of 2024
SUNDER MOHAN, J.
ars
To
1. M.P.SURESH
FATHER NAME NOT KNOWN, OLD NO.20, NEW NO.24, 1ST FLOOR, SCHOOL ROAD, PERAMBUR, CHENNAI600 011. PRESENTLY RESIDING AT NO.55/40, SCHOOL ROAD, BRINDAVAN APARTMENT, HALF VADIVELU THIRD CROSS, PERAMBUR, CHENNAI-600 011.
CRL OP. 26617 of 2024 in Crl.A.Sr.No.29242 of 2024
Page 4 of 5
CRL OP. 26617 of 2024 in Crl.A.Sr.No.29242 of 2024
10.12.2024
Page 5 of 5
2 issues framed by the court
Whether leave should be granted to the complainant to appeal against the acquittal of the accused for offences under Section 138 of the Negotiable Instruments Act.
Whether the trial Court erred in acquitting the respondent on the ground that the complainant failed to establish capacity to advance the cheque amount.
1 provisions across 1 enactments
Rangasamy
A.Nirmalarose
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
